LAWS(HYD)-1952-2-3

HANSARI SABAIAH Vs. BHALCHANDER RAO

Decided On February 19, 1952
Hansari Sabaiah Appellant
V/S
Bhalchander Rao Respondents

JUDGEMENT

(1.) THIS is a petition for the issue of a Writ of Certiorari against the order of the Additional Collector. The short point for decision is whether a review lies against the order passed by the said Authority in the exercise of his appellate powers. Under Rule 9 of the House Rent Control Order an appeal can be filed against the order of the Rent Controller before, the Collector. There is no provision in the said Rent Control Order for entertaining a review. The remedy of review must specifically be provided for, and as there is no provision for review in the House Rent Control Order, the review cannot lie. We are of the opinion that the order passed by the Additional Collector in review, is without jurisdiction. Moreover, there were no fresh grounds for entertaining the review. We accept this Writ Petition and quash the order passed by the Additional Collector. His original order dated 7 -5 -1951 will stand.